JUDGMENT :

Ajit Kumar, J.

Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Narendra Kumar Chaturvedi, learned counsel for the petitioner and Sri Amit Sexena, learned Senior Advocate assisted by Sri Balwant Singh, learned counsel for the respondents.

2. The petitioner, who claims to be a member of general body of the society is aggrieved against the order of the Assistant Registrar, Society dated 10th March, 2022, whereby he has rejected the objection of the present petitioner against the list of members of general body and finalized 251 members electoral college for the purposes to hold election of the Committee of Management of the society nominating District Inspector of Sanskrit Schools of Gorakhpur Division, Gorakhpur as an Election Officer.

3. It transpires from the record that earlier petitioner had approached this Court vide Writ - C No. 29150 of 2019 against the order dated 1st July, 2015 passed under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860') directing District Inspector of Schools, Gorakhpur to hold elections of the society.

4. The main argument advanced in the said case was that District Inspector of Schools wholly illegally further delegated the power to the associate District Inspector of Schools to conduct elections inasmuch as the elections that were held, were not in consonance with the scheme of the bye-laws.

5. The Contesting respondents in the said writ petition agreed for a fresh election to be held and, accordingly, direction was issued to the Assistant Registrar, Societies, Gorakhpur to ensure that fresh elections of the Committee of Management of the Societies were held under Section 25(2) of the Act, 1860 in accordance with bye-laws of the society. The operative portion of the order of this Court dated 18th September, 2019 is reproduced hereunder :

''With consent of parties, the orders dated. 6.7.2019 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, the elections proceedings dated 11.6.2017 and 20.6.2019 are quashed and the matter is remitted to the Assistant Registrar, Firms, Societies and Chits, Gorakhpur to execute the following directions:

1. The respondent No. 2, Assistant Registrar, Firms, Societies and Chits, Gorakhpur shall ensure that the fresh elections to the society are conducted under Section 25(2) of the Societies Registration Act as per the Bye-laws of the society.

2. The elections shall be conducted within a period of two months from the date of receipt of a certified copy of this order.

The writ petition is allowed to the extent indicated above.''

6. It appears that after the aforesaid order was passed, the Deputy Registrar, Societies proceeded to issue notice dated 8th February, 2021 to both the petitioner and respondent No. 2 to deposit requisite expenses to be incurred in holding elections. The list of general body members was forwarded by the respondent No. 3 to the Assistant Registrar, Societies on 22nd January, 2021 for necessary approval and follow up action to hold election under Section 25(2) of the Act, 1860. This gave an opportunity this time to the petitioner to file his objections which he did file on 25th April, 2021 and claimed 108 members to be only the valid members and, therefore, prayed that rest of the members be held to be illegally enrolled. This is how the matter under Section 4-B of the Act, 1860 came to be adjudicated upon by the Assistant Registrar, Societies by the order impugned.

7. The main argument advanced herein this petition by learned Senior Advocate is that those members who had participated in the election held in the year 2004 should be taken to be only the valid members to form the electoral college because 52 members who were subsequently enrolled and were not the members in the year 2004 were wholly illegally inducted as members.

8. It is argued that the Committee of Management that was elected on 11th June, 2017 was ultimately held to be invalid and cancelled by this C